1st Circuit Certifies Appeal In FCA Suit Against Teva Alleging Co-Pay Kickbacks

(November 20, 2023, 1:50 PM EST) -- BOSTON — The First Circuit U.S. Court of Appeals on Nov. 17 granted a petition to appeal filed by Teva Pharmaceuticals USA Inc. and Teva Neuroscience Inc., asserting that appeal should be granted due to a “substantial ground for difference of opinion” regarding causation under the Anti-Kickback Statute (AKS) as applied to a district court’s partial summary judgment ruling for the government in its suit alleging that they violated the False Claims Act (FCA) and AKS by using co-pay subsidies as kickbacks when selling a multiple sclerosis (MS) drug....